2007 Minnesota Statutes

336.2A-529 LESSOR'S ACTION FOR THE RENT.
(1) After default by the lessee under the lease contract of the type described in section
336.2A-523(1) or 336.2A-523(3)(a) or, if agreed, after other default by the lessee, if the lessor
complies with subsection (2), the lessor may recover from the lessee as damages:
(a) for goods accepted by the lessee and not repossessed by or tendered to the lessor, and
for conforming goods lost or damaged within a commercially reasonable time after risk of loss
passes to the lessee (section 336.2A-219), (i) accrued and unpaid rent as of the date of entry of
judgment in favor of the lessor, (ii) the present value as of the same date of the rent for the then
remaining lease term of the lease agreement, and (iii) any incidental damages allowed under
section 336.2A-530, less expenses saved in consequence of the lessee's default; and
(b) for goods identified to the lease contract if the lessor is unable after reasonable effort to
dispose of them at a reasonable price or the circumstances reasonably indicate that effort will be
unavailing, (i) accrued and unpaid rent as of the date of entry of judgment in favor of the lessor,
(ii) the present value as of the same date of the rent for the then remaining lease term of the lease
agreement, and (iii) any incidental damages allowed under section 336.2A-530, less expenses
saved in consequence of the lessee's default.
(2) Except as provided in subsection (3), the lessor shall hold for the lessee for the remaining
lease term of the lease agreement any goods that have been identified to the lease contract and
are in the lessor's control.
(3) The lessor may dispose of the goods at any time before collection of the judgment for
damages obtained pursuant to subsection (1). If the disposition is before the end of the remaining
lease term of the lease agreement, the lessor's recovery against the lessee for damages is governed
by section 336.2A-527 or 336.2A-528, and the lessor will cause an appropriate credit to be
provided against a judgment for damages to the extent that the amount of the judgment exceeds
the recovery available pursuant to section 336.2A-527 or 336.2A-528.
(4) Payment of the judgment for damages obtained pursuant to subsection (1) entitles the
lessee to use and possession of the goods not then disposed of for the remaining lease term of
and in accordance with the lease agreement.
(5) After a lessee has wrongfully rejected or revoked acceptance of goods, has failed to pay
rent then due, or has repudiated (section 336.2A-402), a lessor who is held not entitled to rent
under this section must nevertheless be awarded damages for nonacceptance under sections
336.2A-527 and 336.2A-528.
In addition to any other recovery permitted by this article or other law, the lessor may recover
from the lessee an amount that will fully compensate the lessor for any loss of or damage to the
lessor's residual interest in the goods caused by the default of the lessee.
History: 1989 c 232 art 1 s 2A-529; 1991 c 171 art 1 s 21